Chapter 5: The Legal Language about "Properties" Flashcards

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1
Q

Properties (definition)

Hint: material vs. immaterial.

A

Properties are things which form the subject matter of rights i.e. interests protected or verifiable/quantifiable things. Generally, properties are material, however they may also be intangible (e.g. copyright).

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2
Q

Immovable property (definition)

A

Immovable property is that which is artificially or by nature incorporated into the ground.

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3
Q

Movable property (definition)

A

Movable property is anything that isn’t immovable (irrespective of their $). There exists no public register for movables.

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4
Q

Distinction replaceable vs. Irreplaceable properties

A

The law draws a distinction between replaceable (mass-produced) and irreplaceable things. However, although something is mass-produced it may also be considered irreplaceable if it has attached sentimental value. In the case of destruction, irreplaceable objects imply the impossibility to perform.

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5
Q

Apprutenances (definition)

A

Appurtenance defines things which are permanently destined to the whole (i.e. the principal maintains its entity even without appurtenances) e.g. a mailbox. The transaction of a principal also implies the inclusion of all appurtenances.

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6
Q

Compound components (definition)

Hint: different from appurtenances

A

Compound components are essential for the integrity of the whole (e.g. car wheels).

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7
Q

Traditional/religious properties and bodies (special rules)

A

Traditional or religious objects do not follow the general rules of acquisition/rights to ownership. Similarly, the body; we are owners of our body but cannot sell any parts, only donate

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8
Q

Natural vs. civil fruits

A

Natural fruits are those which derive directly from the thing. Civil fruits are those which compensate for the use of a thing.

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